Theorising the Role of Private Law in Combating Systemic Corruption in Nigerian Public Procurement

Systemic corruption in Nigerian public procurement generates enormous economic losses, undermines the delivery of public services, and enriches a narrow elite at the expense of the general population, yet the contribution of private law mechanisms to combating procurement corruption has been theoretically neglected in favour of criminal and administrative law approaches. This study theorises the role of private law in combating systemic corruption in Nigerian public procurement, developing an original Private Law Anti-Corruption Framework (PLACF) that harnesses tort law, contract law, restitution, and equity to create private enforcement mechanisms that complement and extend beyond criminal law. Using a pluralist theoretical methodology integrating corruption economics, private law theory, and empirical research conducted through 80 structured interviews with procurement lawyers, anti-corruption civil society organisations, public procurement officers, and private contractors across the North Central, North West, and South West zones, the research maps the private law dimensions of procurement corruption and constructs the PLACF as the study's original theoretical contribution. The PLACF includes original proposals for corruption-related contract invalidity, disgorgement claims against bribe-payers and recipients, vicarious liability for principal corruption, and a private right of action for procurement victims. Findings reveal that private law enforcement offers unique advantages over criminal prosecution in speed, victim participation, and economic deterrence. Recommendations include a Public Procurement Private Enforcement Act, standing rules for civil society procurement challenges, mandatory disgorgement provisions, and judicial specialisation in procurement fraud. Keywords: corruption, public procurement, private law enforcement, anti-corruption, disgorgement